In the process of applying for trademark registration, it will be a happy thing if you successfully pass the examination and get the announcement of preliminary examination and approval. However, many people are at a loss when their trademarks are rejected, and feel that the trademark they want to apply for has been sentenced to death and cannot be turned over. Actually, it's not. Yingzhi will tell you what to do after your trademark application is rejected.
First of all, when you know that your trademark has been rejected, you should pay great attention to several time points, which will be the time limit for your right relief.
1. 15 days. 15 days means that you need to apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the rejection notice.
Two to nine months. Nine months means that the whole process from filing a rejection application for reexamination to making a reexamination decision by the Trademark Review and Adjudication Board is nine months.
Third, extend it for three months. An extension of three months means that there are special circumstances that need to be extended, and it can be extended for three months with the approval of the administrative department for industry and commerce of the State Council.
Secondly, you need to know the reason why the trademark application was rejected. Only by knowing the reasons can we suit the remedy to the case and put forward the corresponding application for rejection and review. The main reasons for the rejection of trademark applications are as follows:
1. The trademark you applied for registration has already been registered by others.
When the Trademark Office conducts substantive examination, it will compare your trademark with the existing trademarks in the trademark database. If it is found that the trademark you applied for registration has been previously registered by others, your trademark will be rejected according to the principle of "application first", so you need to search and query the trademark before submitting the registration application. But beware of malicious cybersquatting. If malicious cybersquatting is suspected, other remedial measures can be taken.
2. The trademark was rejected because of similarity.
If two trademarks are similar in font, pronunciation, meaning, graphic composition, color, overall structure, three-dimensional shape and color combination, which is easy to mislead or confuse the public, they will generally be regarded as similar trademarks and rejected.
3. Trademark names are generic names, and descriptive words are refused.
Names commonly used in the industry and words that only describe product features cannot be registered as trademarks.
The trademark was rejected because of its lack of distinctive features.
When the applied trademark is too simple, such as using simple lines, ordinary geometric figures and single color, the Trademark Office will consider that the trademark lacks distinctive features and is not recognizable, and will reject it. But if it can provide significant evidence to prove its significance after long-term use, it is another matter.
5. Use of prohibitive signs
Article 10 of the Trademark Law stipulates that marks prohibited from being used as trademarks include China's names, national flags, national anthems, foreign national flags and military flags. , cannot be registered as a trademark. Among them, place names and names or marks that easily mislead the public about the quality and origin of goods cannot be registered as trademarks.
Therefore, before applying for a registered trademark, you must find a professional team to conduct detailed search and research on the trademark you want to apply for registration, understand the risks of registration and improve the success rate of registration. However, if you are rejected, you don't need to be discouraged. The success rate of re-examination will be greatly improved if the rejection review is carried out and a breakthrough is found.
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